Non-Personal Service Contract for Pharmacist Services
This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This a... This notice is a combined synopsis/solicitation for commercial items prepared in accordance with the format in Subpart 12.6, as supplemented with additional information included in this notice. This announcement constitutes the only solicitation; proposals are being requested and a written solicitation will not be issued. **THIS IS A BUY INDIAN SET ASIDE per Buy Indian Act, 25 U.S.C. 47 and only offers form Buy Indian small businesses will be accepted. Solicitation document and incorporated provisions and clauses are those in effect through Federal Acquisition Circular 95-13 Personal services Contracts. This synopsis/solicitation notice is a request for quote for a Non-Personal Service Contract for a Contractor to provide Pharmacist healthcare providers to the Tsaile Health Center (THC), Navajo Area Indian Health Service (IHS) throughout the duration of the contract period of performance. Services shall be performed in accordance with the attached Performance Work Statement (PWS). The assignment is through the stated period of performance or until the position is filled with a permanent hire. In such instances, the provider will be released from contract assignment. This notice is for one position. PERIOD OF PERFORMANCE: The Government intends to award a 12-month labor hour type contract resulting from this solicitation. Tentative start date: 08/12/2024 Base Period 3 MONTHS First Option Period 3 MONTHS Second Option Period 3 MONTHS Third Option Period 3 MONTHS Tsaile Health Center is located in Northeast Arizona as a part of the Chinle Service Unit. This ambulatory care center is situated at the base of the Lukachukai Mountain rage with local elevations of 7,000 to 8,000 feet. Two lakes are within 10-15 minute drive which offer camping, fishing, and non-motorized boating. The Tsaile Health Center has 9,031 registered clients. Clinic hours are 8:00 a.m. to 5:00 p.m. Monday through Friday (closed on holidays). The Health Center is adjacent to Diné College, the first Indian Tribe-controlled College established in the United States. Routine outpatient services are provided to a broad range of patients including prenatal and geriatrics. The clinic is located on the Colorado Plateau with excellent opportunities for photography, hiking, running, road biking, cross country skiing, and mountain biking. Canyon de Chelly National Monument is within 30 miles of the clinic and is a wonderful place for exploring and sightseeing, running and mountain biking. The Contractor shall provide an all-inclusive rate, and is responsible for all costs associated with providing said services, i.e. travel, per diem, lodging/housing, etc. Government quarters are currently not available, but Chinle, AZ has (3) hotels in the immediate area. The Contractor shall be responsible for housing respective providers if there are no government quarters available. Upon selection, the provider will be placed on a waiting list to acquire Government quarters. If Government housing becomes available, the provider shall contact the THC Housing Services Department, and make rental/payment arrangements; telephone number 928-724-3657. EVALUATION AND SUBMITTAL: 52.212-1 Instructions to Offerors – Commercial Products and Commercial Services (Nov 2021) Submission of Offers. All offers must include the following information and submitted at or before the date and time specified in this solicitation. **Email offer directly to the Contracting Officer (CO). The CO for this action is: Earl Morris JR, Purchasing Agent, P: (928) 724-3735, e-mail: earl.morris@ihs.gov. All questions must be submitted in writing via email 5 days prior to Closing Date. 52.212-2 Evaluation – Commercial Products and Commercial Services (Nov 2021) The Government will award a contract (or multiple contracts) resulting from this solicitation to the responsible offeror whose offer conforming to the solicitation will be most advantageous to the Government, price and other factors considered. The following factors shall be used to evaluate offers: Past Performance of Vendor: Provide a list of 3-5 prior contracts of the same discipline requested herein of comparable size and complexity within the past 5 years, and provide complete and final Contractor’s Performance Assessment Reporting System (CPARS) reports for each contract listed. Each identified contract shall include the following information: contract number, points of contact of Government personnel who accepted/received the products/services, phone numbers and email addresses for those Government personnel, a description of the requirement and an explanation of how it relates to the current requirement, and the contract award amount. If offeror has no CPARs, then offeror will be rated neutral. Offerors who provide CPARs will be weighted and considered higher in regards to Past Performance based on their CPARS ratings Technical Capability of Vendor: Provide a response to how the offeror will respond to staff shortages / absenteeism / replacement in providing candidates. Provide evidence offeror has adequate and appropriate planning, personnel, and available resources positioned efficiently and effectively to carry out the requirements and can meet the large volume of services requested herein. Offerors must provide a completed copy of the attached provision 52.212-3, Offeror Representations and Certifications-Commercial Items with offer. Qualification Requirements of Candidates: Provide complete Candidate Profile; Curriculum vitae, resumes, licensures, and all relative documents for proposed candidates. Provide evidence the candidates meet 100% of the requirements listed in the Performance Work Statement. Offeror must provide the following: Candidate’s Licenses/Certifications/Detailed Experience - Refer to PWS. NOTE: The Government will not be interviewing candidates. Price - Pricing shall be submitted using the Pricing Schedule attachment. Provide a completed IHS IEE Representation Form attachment. Failure to follow instructions and/or to provide required information may render proposal non-responsive or unacceptable, and removed from award consideration. Past Performance of Vendor, Technical Capability of Vendor, and Qualification Requirements of Candidates when combined, are Significantly more important than cost or price, and all non-price factors are of equal importance. Offers are intended to be evaluated with, and award made after, discussions with the offerors. Options. The Government will evaluate offers for award purposes by adding the total price for all options to the total price for the basic requirement. The Government may determine that an offer is unacceptable if the option prices are significantly unbalanced. Evaluation of options shall not obligate the Government to exercise the option(s). A written notice of award or acceptance of an offer, mailed or otherwise furnished to the successful offeror within the time for acceptance specified in the offer, shall result in a binding contract without further action by either party. Before the offer’s specified expiration time, the Government may accept an offer (or part of an offer), whether or not there are negotiations after its receipt, unless a written notice of withdrawal is received before award. PRE-SECURITY/FINGERPRINTING CLEARANCE: The selected provider shall comply with Agency Personal Identity Verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) Guidance M-05-24, and Federal Information Processing Standards Publication (FIPS PUB) Number 201; this includes fingerprinting guidelines. Pre-Security/Fingerprinting must be cleared prior to starting tour of duty and incurring costs. If provider is selected, then the Contractor and provider shall provide the following Pre-Security/Fingerprinting documents. Complete Resume OIG Clearance Licenses/Certifications Copy of school transcripts Declaration of Federal Employment (Typed/Original Signature) Child Addendum (Typed/Original Signature) OFI Form 86C The selected Contractor's provider(s) will be subject to a pre-employment fingerprint check and background investigation. The selected Contractor's provider(s) are required to acquire pre-security and fingerprint clearance prior to beginning their tour of duty and incurring costs. CLAUSES AND PROVISIONS: 52.204-9 Personal Identity Verification of Contractor Personnel (JAN 2011) (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive-12 (HSPD-12), Office of Management and Budget (OMB) guidance M-05-24 and Federal Information Processing Standards Publication (FIPS PUB) Number 201. (b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government: (1) When no longer needed for contract performance. (2) Upon completion of the Contractor employees employment. (3) Upon contract completion or termination. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractors employees are required to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federally-Controlled Facility and/or routine access to a Federally-Controlled Information System. 52.212-5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Products and Commercial Services (Feb 2024) (a) The Contractor shall comply with the following Federal Acquisition Regulation (FAR) clauses, which are incorporated in this contract by reference, to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: (1) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (2) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91). (3) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (4) 52.209-10, Prohibition on Contracting with Inverted Domestic Corporations (Nov 2015). (5) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) ( 31 U.S.C. 3903 and 10 U.S.C. 3801). (6) 52.233-3, Protest After Award (Aug 1996) ( 31 U.S.C. 3553). (7) 52.233-4, Applicable Law for Breach of Contract Claim (Oct 2004) (Public Laws 108-77 and 108-78 ( 19 U.S.C. 3805 note)). (b) The Contractor shall comply with the FAR clauses in this paragraph (b) that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.] X_(1) 52.203-6, Restrictions on Subcontractor Sales to the Government (Jun 2020), with Alternate I (Nov 2021) ( 41 U.S.C. 4704 and 10 U.S.C. 4655). __(2) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509)). __(3) 52.203-15, Whistleblower Protections under the American Recovery and Reinvestment Act of 2009 (Jun 2010) (Section 1553 of Pub. L. 111-5). (Applies to contracts funded by the American Recovery and Reinvestment Act of 2009.) __(4) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712); this clause does not apply to contracts of DoD, NASA, the Coast Guard, or applicable elements of the intelligence community—see FAR 3.900(a). X_(5) 52.204-10, Reporting Executive Compensation and First-Tier Subcontract Awards (Jun 2020) (Pub. L. 109-282) ( 31 U.S.C. 6101 note). __(6) [Reserved]. X_(7) 52.204-14, Service Contract Reporting Requirements (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). __(8) 52.204-15, Service Contract Reporting Requirements for Indefinite-Delivery Contracts (Oct 2016) (Pub. L. 111-117, section 743 of Div. C). X_(9) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). __(10) 52.204-28, Federal Acquisition Supply Chain Security Act Orders—Federal Supply Schedules, Governmentwide Acquisition Contracts, and Multi-Agency Contracts. (Dec 2023) ( Pub. L. 115–390, title II). __(11) (i) 52.204-30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II). __(ii) Alternate I (Dec 2023) of 52.204–30. X_(12) 52.209-6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Nov 2021) ( 31 U.S.C. 6101 note). __(13) 52.209-9, Updates of Publicly Available Information Regarding Responsibility Matters (Oct 2018) ( 41 U.S.C. 2313). __(14) [Reserved]. __(15) 52.219-3, Notice of HUBZone Set-Aside or Sole-Source Award (Oct 2022) ( 15 U.S.C. 657a). __(16) 52.219-4, Notice of Price Evaluation Preference for HUBZone Small Business Concerns (Oct 2022) (if the offeror elects to waive the preference, it shall so indicate in its offer) ( 15 U.S.C. 657a). __(17) [Reserved] X_(18) (i) 52.219-6, Notice of Total Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644). __(ii) Alternate I (Mar 2020) of 52.219-6. __(19) (i) 52.219-7, Notice of Partial Small Business Set-Aside (Nov 2020) ( 15 U.S.C. 644). __(ii) Alternate I (Mar 2020) of 52.219-7. X_(20) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)). __(21) (i) 52.219-9, Small Business Subcontracting Plan (Sep 2023) ( 15 U.S.C. 637(d)(4)). __(ii) Alternate I (Nov 2016) of 52.219-9. __(iii) Alternate II (Nov 2016) of 52.219-9. __(iv) Alternate III (Jun 2020) of 52.219-9. __(v) Alternate IV (Sep 2023) of 52.219-9. __(22) (i) 52.219-13, Notice of Set-Aside of Orders (Mar 2020) ( 15 U.S.C. 644(r)). __(ii) Alternate I (Mar 2020) of 52.219-13. X_(23) 52.219-14, Limitations on Subcontracting (Oct 2022) ( 15 U.S.C. 637s). __(24) 52.219-16, Liquidated Damages—Subcontracting Plan (Sep 2021) ( 15 U.S.C. 637(d)(4)(F)(i)). __(25) 52.219-27, Notice of Set-Aside for, or Sole-Source Award to, Service-Disabled Veteran-Owned Small Business (SDVOSB) Concerns Eligible Under the SDVOSB Program (Feb 2024) ( 15 U.S.C. 657f). __(26) (i) 52.219-28, Post Award Small Business Program Representation (Feb 2024) ( 15 U.S.C. 632(a)(2)). __(ii) Alternate I (Mar 2020) of 52.219-28. __(27) 52.219-29, Notice of Set-Aside for, or Sole-Source Award to, Economically Disadvantaged Women-Owned Small Business Concerns (Oct 2022) ( 15 U.S.C. 637(m)). __(28) 52.219-30, Notice of Set-Aside for, or Sole-Source Award to, Women-Owned Small Business Concerns Eligible Under the Women-Owned Small Business Program (Oct 2022) ( 15 U.S.C. 637(m)). __(29) 52.219-32, Orders Issued Directly Under Small Business Reserves (Mar 2020) ( 15 U.S.C. 644(r)). __(30) 52.219-33, Nonmanufacturer Rule (Sep 2021) ( 15U.S.C. 637(a)(17)). X_(31) 52.222-3, Convict Labor (Jun 2003) (E.O.11755). __(32) 52.222-19, Child Labor-Cooperation with Authorities and Remedies (Feb 2024). X_(33) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). X_(34) (i) 52.222-26, Equal Opportunity (Sep 2016) (E.O.11246). __(ii) Alternate I (Feb 1999) of 52.222-26. X_(35) (i) 52.222-35, Equal Opportunity for Veterans (Jun 2020) ( 38 U.S.C. 4212). __(ii) Alternate I (Jul 2014) of 52.222-35. X_(36) (i) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) ( 29 U.S.C. 793). __(ii) Alternate I (Jul 2014) of 52.222-36. X_(37) 52.222-37, Employment Reports on Veterans (Jun 2020) ( 38 U.S.C. 4212). X_(38) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). X_(39) (i) 52.222-50, Combating Trafficking in Persons (Nov 2021) ( 22 U.S.C. chapter 78 and E.O. 13627). X_(ii) Alternate I (Mar 2015) of 52.222-50 ( 22 U.S.C. chapter 78 and E.O. 13627). X_(40) 52.222-54, Employment Eligibility Verification (May 2022) (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial products or commercial services as prescribed in FAR 22.1803.) __(41) (i) 52.223-9, Estimate of Percentage of Recovered Material Content for EPA–Designated Items (May 2008) ( 42 U.S.C. 6962(c)(3)(A)(ii)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __(ii) Alternate I (May 2008) of 52.223-9 ( 42 U.S.C. 6962(i)(2)(C)). (Not applicable to the acquisition of commercially available off-the-shelf items.) __(42) 52.223-11, Ozone-Depleting Substances and High Global Warming Potential Hydrofluorocarbons (Jun 2016) (E.O. 13693). __(43) 52.223-12, Maintenance, Service, Repair, or Disposal of Refrigeration Equipment and Air Conditioners (Jun 2016) (E.O. 13693). __(44) (i) 52.223-13, Acquisition of EPEAT®-Registered Imaging Equipment (Jun 2014) (E.O.s 13423 and 13514). __(ii) Alternate I (Oct 2015) of 52.223-13. __(45) (i) 52.223-14, Acquisition of EPEAT®-Registered Televisions (Jun 2014) (E.O.s 13423 and 13514). __(ii) Alternate I (Jun2014) of 52.223-14. __(46) 52.223-15, Energy Efficiency in Energy-Consuming Products (May 2020) ( 42 U.S.C. 8259b). __(47) (i) 52.223-16, Acquisition of EPEAT®-Registered Personal Computer Products (Oct 2015) (E.O.s 13423 and 13514). __(ii) Alternate I (Jun 2014) of 52.223-16. X_(48) 52.223-18, Encouraging Contractor Policies to Ban Text Messaging While Driving (Jun 2020) (E.O. 13513). __(49) 52.223-20, Aerosols (Jun 2016) (E.O. 13693). __(50) 52.223-21, Foams (Jun2016) (E.O. 13693). X_(51) (i) 52.224-3 Privacy Training (Jan 2017) (5 U.S.C. 552 a). __(ii) Alternate I (Jan 2017) of 52.224-3. __(52) (i) 52.225-1, Buy American-Supplies (Oct 2022) ( 41 U.S.C. chapter 83). __(ii) Alternate I (Oct 2022) of 52.225-1. __(53) (i) 52.225-3, Buy American-Free Trade Agreements-Israeli Trade Act (NOV 2023) ( 19 U.S.C. 3301 note, 19 U.S.C. 2112 note, 19 U.S.C. 3805 note, 19 U.S.C. 4001 note, 19 U.S.C. chapter 29 (sections 4501-4732), Public Law 103-182, 108-77, 108-78, 108-286, 108-302, 109-53, 109-169, 109-283, 110-138, 112-41, 112-42, and 112-43. __(ii) Alternate I [Reserved]. __(iii) Alternate II (Dec 2022) of 52.225-3. __(iv) Alternate III (Feb 2024) of 52.225-3. __(v) Alternate IV (Oct 2022) of 52.225-3. __(54) 52.225-5, Trade Agreements (NOV 2023) ( 19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). X_(55) 52.225-13, Restrictions on Certain Foreign Purchases (Feb 2021) (E.O.’s, proclamations, and statutes administered by the Office of Foreign Assets Control of the Department of the Treasury). __(56) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). __(57) 52.226-4, Notice of Disaster or Emergency Area Set-Aside (Nov 2007) ( 42 U.S.C. 5150). __(58) 52.226-5, Restrictions on Subcontracting Outside Disaster or Emergency Area (Nov2007) ( 42 U.S.C. 5150). __(59) 52.229-12, Tax on Certain Foreign Procurements (Feb 2021). __(60) 52.232-29, Terms for Financing of Purchases of Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). __(61) 52.232-30, Installment Payments for Commercial Products and Commercial Services (Nov 2021) ( 41 U.S.C. 4505, 10 U.S.C. 3805). X_(62) 52.232-33, Payment by Electronic Funds Transfer-System for Award Management (Oct2018) ( 31 U.S.C. 3332). __(63) 52.232-34, Payment by Electronic Funds Transfer-Other than System for Award Management (Jul 2013) ( 31 U.S.C. 3332). __(64) 52.232-36, Payment by Third Party (May 2014) ( 31 U.S.C. 3332). __(65) 52.239-1, Privacy or Security Safeguards (Aug 1996) ( 5 U.S.C. 552a). __(66) 52.242-5, Payments to Small Business Subcontractors (Jan 2017) ( 15 U.S.C. 637(d)(13)). __(67) (i) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) ( 46 U.S.C. 55305 and 10 U.S.C. 2631). __(ii) Alternate I (Apr 2003) of 52.247-64. __(iii) Alternate II (Nov 2021) of 52.247-64. (c) The Contractor shall comply with the FAR clauses in this paragraph (c), applicable to commercial services, that the Contracting Officer has indicated as being incorporated in this contract by reference to implement provisions of law or Executive orders applicable to acquisitions of commercial products and commercial services: [Contracting Officer check as appropriate.] __(1) 52.222-41, Service Contract Labor Standards (Aug 2018) ( 41 U.S.C. chapter67). __(2) 52.222-42, Statement of Equivalent Rates for Federal Hires (May 2014) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67). __(3) 52.222-43, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (Multiple Year and Option Contracts) (Aug 2018) ( 29 U.S.C. 206 and 41 U.S.C. chapter 67). __(4) 52.222-44, Fair Labor Standards Act and Service Contract Labor Standards-Price Adjustment (May 2014) ( 29U.S.C.206 and 41 U.S.C. chapter 67). __(5) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) ( 41 U.S.C. chapter 67). __(6) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) ( 41 U.S.C. chapter 67). __(7) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). __(8) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). __(9) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) ( 42 U.S.C. 1792). (d) Comptroller General Examination of Record. The Contractor shall comply with the provisions of this paragraph (d) if this contract was awarded using other than sealed bid, is in excess of the simplified acquisition threshold, as defined in FAR 2.101, on the date of award of this contract, and does not contain the clause at 52.215-2, Audit and Records-Negotiation. (1) The Comptroller General of the United States, or an authorized representative of the Comptroller General, shall have access to and right to examine any of the Contractor’s directly pertinent records involving transactions related to this contract. (2) The Contractor shall make available at its offices at all reasonable times the records, materials, and other evidence for examination, audit, or reproduction, until 3 years after final payment under this contract or for any shorter period specified in FAR subpart 4.7, Contractor Records Retention, of the other clauses of this contract. If this contract is completely or partially terminated, the records relating to the work terminated shall be made available for 3 years after any resulting final termination settlement. Records relating to appeals under the disputes clause or to litigation or the settlement of claims arising under or relating to this contract shall be made available until such appeals, litigation, or claims are finally resolved. (3) As used in this clause, records include books, documents, accounting procedures and practices, and other data, regardless of type and regardless of form. This does not require the Contractor to create or maintain any record that the Contractor does not maintain in the ordinary course of business or pursuant to a provision of law. (e) (1) Notwithstanding the requirements of the clauses in paragraphs (a), (b), (c), and (d) of this clause, the Contractor is not required to flow down any FAR clause, other than those in this paragraph (e)(1), in a subcontract for commercial products or commercial services. Unless otherwise indicated below, the extent of the flow down shall be as required by the clause- (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Nov 2021) ( 41 U.S.C. 3509). (ii) 52.203-17, Contractor Employee Whistleblower Rights (Nov 2023) ( 41 U.S.C. 4712). (iii) 52.203-19, Prohibition on Requiring Certain Internal Confidentiality Agreements or Statements (Jan 2017) (section 743 of Division E, Title VII, of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235) and its successor provisions in subsequent appropriations acts (and as extended in continuing resolutions)). (iv) 52.204-23, Prohibition on Contracting for Hardware, Software, and Services Developed or Provided by Kaspersky Lab Covered Entities (Dec 2023) (Section 1634 of Pub. L. 115-91). (v) 52.204-25, Prohibition on Contracting for Certain Telecommunications and Video Surveillance Services or Equipment. (Nov 2021) (Section 889(a)(1)(A) of Pub. L. 115-232). (vi) 52.204-27, Prohibition on a ByteDance Covered Application (Jun 2023) (Section 102 of Division R of Pub. L. 117-328). (vii) (A) 52.204–30, Federal Acquisition Supply Chain Security Act Orders—Prohibition. (Dec 2023) ( Pub. L. 115–390, title II). (B) Alternate I (Dec 2023) of 52.204–30. (viii) 52.219-8, Utilization of Small Business Concerns (Feb 2024) ( 15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds the applicable threshold specified in FAR 19.702(a) on the date of subcontract award, the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities. (ix) 52.222-21, Prohibition of Segregated Facilities (Apr 2015). (x) 52.222-26, Equal Opportunity (Sep 2015) (E.O.11246). (xi) 52.222-35, Equal Opportunity for Veterans (Jun 2020) (38 U.S.C. 4212). (xii) 52.222-36, Equal Opportunity for Workers with Disabilities (Jun 2020) (29 U.S.C. 793). (xiii) 52.222-37, Employment Reports on Veterans (Jun 2020) (38 U.S.C. 4212). (xiv) 52.222-40, Notification of Employee Rights Under the National Labor Relations Act (Dec 2010) (E.O. 13496). Flow down required in accordance with paragraph (f) of FAR clause 52.222-40. (xv) 52.222-41, Service Contract Labor Standards (Aug 2018) (41 U.S.C. chapter 67). (xvi) (A) 52.222-50, Combating Trafficking in Persons (Nov 2021) (22 U.S.C. chapter 78 and E.O 13627). (B) Alternate I (Mar 2015) of 52.222-50 (22 U.S.C. chapter 78 and E.O. 13627). (xvii) 52.222-51, Exemption from Application of the Service Contract Labor Standards to Contracts for Maintenance, Calibration, or Repair of Certain Equipment-Requirements (May 2014) (41 U.S.C. chapter 67). (xviii) 52.222-53, Exemption from Application of the Service Contract Labor Standards to Contracts for Certain Services-Requirements (May 2014) (41 U.S.C. chapter 67). (xix) 52.222-54, Employment Eligibility Verification (May 2022) (E.O. 12989). (xx) 52.222-55, Minimum Wages for Contractor Workers Under Executive Order 14026 (Jan 2022). (xxi) 52.222-62, Paid Sick Leave Under Executive Order 13706 (Jan 2022) (E.O. 13706). (xxii) (A) 52.224-3, Privacy Training (Jan 2017) (5 U.S.C. 552a). (B) Alternate I (Jan 2017) of 52.224-3. (xxiii) 52.225-26, Contractors Performing Private Security Functions Outside the United States (Oct 2016) (Section 862, as amended, of the National Defense Authorization Act for Fiscal Year 2008; 10 U.S.C. Subtitle A, Part V, Subpart G Note). (xxiv) 52.226-6, Promoting Excess Food Donation to Nonprofit Organizations (Jun 2020) (42 U.S.C. 1792). Flow down required in accordance with paragraph (e) of FAR clause 52.226-6. (xxv) 52.232-40, Providing Accelerated Payments to Small Business Subcontractors (Mar 2023) (31 U.S.C. 3903 and 10 U.S.C. 3801). Flow down required in accordance with paragraph (c) of 52.232-40. (xxvi) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Nov 2021) (46 U.S.C. 55305 and 10 U.S.C. 2631). Flow down required in accordance with paragraph (d) of FAR clause 52.247-64. (2) While not required, the Contractor may include in its subcontracts for commercial products and commercial services a minimal number of additional clauses necessary to satisfy its contractual obligations. 52.216-1 Type of Contract (Apr 1984) The Government contemplates award of a labor hour type contract resulting from this solicitation. 52.217-8 Option to Extend Services (Nov 1999) The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 5 days. 52.217-9 Option to Extend the Term of the Contract (Mar 2000) (a) The Government may extend the term of this contract by written notice to the Contractor within 5 days; provided that the Government gives the Contractor a preliminary written notice of its intent to extend at least 10 days before the contract expires. The preliminary notice does not commit the Government to an extension. (b) If the Government exercises this option, the extended contract shall be considered to include this option clause. (c) The total duration of this contract, including the exercise of any options under this clause, shall not exceed (12) months. 52.222-41 Service Contract Labor Standards (Aug 2018) Contractor shall meet or exceed the minimum required wage determination as stated in the U.S. Department of Labor - Wage Determination No.: 2015-5477 52.233-2 Service of Protest (Sep 2006) (a) Protests, as defined in section 33.101 of the Federal Acquisition Regulation, that are filed directly with an agency, and copies of any protests that are filed with the Government Accountability Office (GAO), shall be served on the Contracting Officer (addressed as follows) by obtaining written and dated acknowledgment of receipt from Hand-Carried Address: Chinle Comprehensive Health Care Facility, Division of Acquisition Management and Contracts, Off Highway 191 & Hospital Drive, P.O. Drawer PH, Chinle, AZ 86503. (b) The copy of any protest shall be received in the office designated above within one day of filing a protest with the GAO. 52.237-7 Indemnification and Medical Liability Insurance (Jan 1997) (a) It is expressly agreed and understood that this is a nonpersonal services contract, as defined in Federal Acquisition Regulation (FAR) 37.101, under which the professional services rendered by the Contractor are rendered in its capacity as an independent contractor. The Government may evaluate the quality of professional and administrative services provided, but retains no control over professional aspects of the services rendered, including by example, the Contractor’s professional medical judgment, diagnosis, or specific medical treatments. The Contractor shall be solely liable for and expressly agrees to indemnify the Gove...
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